Chapter 4: Criminal Investigatory Search Warrants

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Chapter 4 is titled "Criminal Investigatory Search Warrants." Search warrant laws are found in the Fourth Amendment of the Bill of Rights. The elements of a search warrant include: (1) an order in writing, (2) issued by a proper judicial authority, (3) in the name of the people, (4) directed to a law enforcement officers, (5) commanding the officer to search for certain personal property, and (6) commanding the officer to bring that property before the judicial authority named in the warrant. Neutral judicial officers such as clerks of court, magistrates, complaint justices, judges, and justices of the peace are allowed to issue search warrants in their permitted jurisdictions. They must have probable cause before they can authorize a search warrant, which is usually done through an affidavit submitted by the law …show more content…

They differ from regular search warrants in that anticipatory warrants depend on a trigger condition, meaning that there must be evidence that the triggering event will take place. A Franks hearing occurs when a police officer knowingly gets a warrant issued under false pretenses. During the hearing, the evidence seized under the warrant can be suppressed through the Exclusionary Rule. Redaction or severability, also known as partial suppression, occurs when a warrant contains clauses that are not constitutionally adequate. Instead of suppressing all evidence seized under these warrants, the courts allow for the suppression only of evidence seized under the clauses that aren't constitutionally sufficient. The officer that a search warrant is directed towards normally has to be present during a search. However, this is not always the case as deputies can execute search warrants without a sheriff present, if that is who it is directed

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